This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to compensate him for his injury.
The key issue in this…
The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent.
The applicant claimed he locked his bike on the bike stand located on the common property because he was unable to secure his bike in the locked cage…
The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables were ‘common property’ and consequently the owners corporation:
breached…
Lemmon v Body Corporate Units Plan 37 CS 20829 of 2002 – Small Claims Court of ACT Magistrates Court
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to apply.
It was further found that the owners…
In February 2019 the NSW Government released their response to the Shergold Weir Building Confidence Report. This was followed by the NSW Government’s Building Stronger Foundations Discussion Paper in June 2019. The public was invited to provide the NSW Government with their submissions in relation to this discussion paper. Kerin Benson Lawyers has now provided…
NSW Government – building standards update The newly re-elected Berejiklian Government has announced its plan in response to the Building Confidence Report commissioned by the Building Ministers’ Forum in August 2017. The independent expert review by Professor Peter Shergold AC and Bronwyn Weir examined building regulatory systems around Australia and found there are national problems…
Chris Kerin appeared on ABC News on 2 February 2015 in relation to builders who go broke in Queensland and how they impact on owners corporations suffering from building defects.
Background 1. On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which curtails the rights of apartment owners to sue builders in negligence. 2. The case involved a long-running dispute between the builder, Brookfield Multiplex, and the owners…
Click here to read the article – The High Court Decides: When Does a Builder Owe a Subsequent Owner a Duty of Care?
Chris Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.
This article, published in the November 2014 edition of the NSW Law Society Journal outlines the background, reasoning and implications of the decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 on apartment owners in New South Wales. Click here
Click to read the article – High Court Decision Bad News for Apartment Owners